 A Penalty Charge Notice (PCN) may either be issued by a Civil Enforcement Officer (CEO), for a parking contravention, under the Traffic Management Act 2004, or by use of prescribed Closed Circuit Television (CCTV) equipment, under The London Local Authorities Act 2000. Please note that PCNs issued before 31 March 2008 are enforced under different legislation (the Road Traffic Act 1991). Please contact the Parking Service helpline if you have any queries in this respect. The telephone number is shown at the bottom of this page.
If you believe that the PCN you received should not have been issued, or that there are special reasons why it should be cancelled, the following notes explain how to challenge it.
Payment of a PCN
There is a 50% discount if payment of a Penalty Charge Notice is received by the council within 14 days of the date the PCN was issued. Please note that it is not possible to pay a PCN and then contest the charge. Payment of a PCN indicates that the motorist has accepted liability and the right of appeal is lost.
Informal challenges - PCNs issued by a CEO for a parking contravention
You can make informal representations against a PCN providing we receive them in writing within 14 days of the date the PCN was issued. If a letter or email contesting a PCN is received within the 14-day discount period, the discount will be re-offered if we decide to uphold the charge. However, the full amount of the PCN is due when the 14-day discount period has expired, so the full charge will be requested in cases where the PCN is upheld and informal representations were received outside the 14-day discount period.
The formal representation and appeal process
The legislation governing the issue of a PCN provides the owner/keeper of the vehicle with a streamlined process for challenging the issue of a Notice - the formal representation and appeal process. The formal representation procedure for each PCN type is explained below.
Parking contraventions
If you have received a PCN for a parking contravention, a formal representation can only be made upon receipt of a Notice to Owner (NTO). An NTO will be issued to the keeper of the vehicle 28 days after the issue of the PCN, if it remains unpaid (except where the vehicle has been removed, when you will be given a representations form at the car pound). The Driver and Vehicle Licensing Agency would normally provide the Council with the keeper's details. However, the Council has a legal right to send an NTO to the person they believe to be the keeper at the time of the contravention.
Upon receipt of the NTO, the recipient can make a formal challenge against the PCN within 28 days on one of the following grounds:
- I was not the owner of the vehicle at the time of the contravention
- The contravention did not occur
- The vehicle had been taken without my consent
- The traffic order was invalid
- We are a vehicle hire firm and have supplied details
- The Penalty Charge exceeded the relevant amount
- The parking attendant was not prevented from serving the Penalty Charge Notice
- Procedural impropriety
- The PCN has already been paid
The Level of the Penalty Charge
From 1st July 2007, two levels of Penalty Charge Notice have been issued throughout London. Parking contraventions that are considered to be more serious attract a higher charge (£100 or £120 depending on the location), and parking contraventions that are considered to be less serious attract a lower charge (£80 or £60 depending on the location). However, the Council may use its discretion to accept the lower level of Penalty Charge in the following circumstances:-
- The Penalty Charge Notice has been issued for contravention code 12 (i.e. the vehicle was seen parked in a resident permit holder, permit holder only or shared use parking bay during the controlled hours with no valid permit or ticket for that parking place on display).
- The driver can provide valid evidence that he or she was visiting a local resident at the time (e.g. a visitor permit or pay and display ticket valid for that parking bay at the time the Penalty Charge Notice was issued, and a letter from the resident being visited).
The evidence that the driver was visiting a resident should be sent to the address below with an accompanying letter as soon as possible after the issue of a Penalty Charge Notice for contravention code 12.
Wandsworth Borough Council
PCN Enquiries
PO Box 4406
London
SW18 2XL
Bus lane contraventions
A PCN issued for a Bus Lane contravention is issued by virtue of the London Local Authorities Act 1996 (as amended). The representation procedure is very similar to that of a Parking Contravention; however, instead of an NTO, the registered keeper or the person the Council believe to be the keeper of the vehicle at the time of the contravention will be issued an Enforcement Notice. The Enforcement Notice is issued 28 days after the issue of the PCN, if it remains unpaid. A formal representation against the issue of the PCN can only be made within 28 days of the Enforcement Notice.
- The grounds for representation are different to a parking contravention and are listed as follows:
- I never owned the vehicle
- There was no breach of the bus lane order or regulation
- The vehicle was taken without my consent
- The police are already taking action
More information is available on the bus lane faq page
If you have received a bus lane PCN, you can view the photographic evidence on this website, using the link below. You will need to enter the PCN number and the unique PIN number on the PCN to view the images.
www.wandsworth.gov.uk/cctvpayments
Moving traffic contraventions
A PCN issued for a moving traffic contravention is issued by virtue of the London Local Authorities & Transport Act 2003. The representation procedure differs to the representation procedure for parking contraventions and Bus Lane contraventions as representations can be made by the registered keeper of the vehicle upon receipt of a PCN.
The representations must be made within 28 days and can only be made on the following grounds:
- I was not the owner of the vehicle at the material time
- There was no contravention of an order or failure to comply with an order or failure to comply with an indication on a sign
- The vehicle was being used without my consent
- We are a hire firm and the person hiring the vehicle had signed a statement accepting liability
- The Penalty Charge exceeded the amount applicable in the circumstances of the case
Static parking contraventions enforced by CCTV
A PCN issued for a static parking contravention is issued by virtue of Traffic Management Act 2004 (if issued after 31st March 2008). As the contravention has been recorded by CCTV cameras, representations can be made by the registered keeper of the vehicle upon receipt of a PCN. Representations must be made in writing (email is acceptable) within 28 days of the date of service of the PCN. The grounds for representation are as follows:
- The alleged contravention did not occur
- I was not the owner of the vehicle at the time of the contravention
- The vehicle had been taken without my consent
- We are a vehicle hire firm and have supplied details of the hirer
- The Penalty Charge exceeds the applicable amount
- Procedural impropriety
- Invalidity of the Traffic Order
- The Penalty Charge has already been paid
- There are compelling reasons why the PCN should be cancelled and any monies paid be refunded
If the registered keeper of the vehicle wishes to see still photographic evidence, which the Council believes proves the contravention, this may be requested in writing and the Council will provide it free of charge. Similarly, the registered keeper or his representative may view the DVD recording in the Council's offices. If the registered keeper wishes to see the evidence prior to deciding whether to make representations this must be clearly stated.
In the event that representations are made and rejected by the Council, the full amount of the charge will become payable. The registered keeper will also be afforded the opportunity at this stage to take the matter for further arbitration to the Parking and Traffic Appeals Service using the form provided.
Formal representations - what happens next?
The Council has a legal obligation to consider formal representations. If the Council believes that the representations should be accepted, a Notice of Acceptance will be sent to the keeper of the vehicle and the PCN will be cancelled. If the Council believes that the representations should be rejected, a Notice of Rejection will be issued to the keeper of the vehicle, together with an appeal form to enable an appeal to be made to an independent Parking and Traffic Adjudicator. If formal representations are rejected by the Council, the full amount of the PCN will be due.
The parking adjudicators
- An experienced lawyer who is independent of the council will consider your case.
- You cannot appeal to the Parking Adjudicators until the council has told you that your representations have been rejected.
- You may choose whether to attend the hearing in person or deal with it by post.
- The Adjudicator's decision is final and binding upon both you and the council.
- You can find out more about the Parking Adjudicators by visiting their website at www.parkingandtrafficappeals.gov.uk.
- Appeals are held at New Zealand House, Haymarket in Central London.
If you would like to discuss the issue of a PCN, or seek further clarification of the representation and appeal process, please contact the PCN enquiry line on (020) 8871 8871 and choose option 2. |
